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People With Disabilities Foundation Files Administrative Class Action Complaint Against Social Security Administration for Discriminating Against Individuals with Mental Disabilities.

People With Disabilities Foundation (PWDF) and Legal Aid Society-Employment Law Center (LAS-ELC) File Administrative Class Action Complaint Against Social Security Administration (SSA) for Discriminating Against Individuals with Mental Disabilities in Post-entitlement or Post-eligibility Status

San Francisco, California –May 22, 2013 (last updated December 30, 2013) – PWDF and the LAS-ELC have filed an administrative class action complaint against SSA for violations of § 504 of the Rehabilitation Act of 1973 (the precursor to the Americans with Disabilities Act).  SSA has failed to provide reasonable accommodations to individuals with mental disabilities in post-entitlement and post-eligibility status and the complaint requests that SSA investigate, issue findings, and provide a list of reasonable accommodations.  The complaint was filed on behalf of four individual complainants and similarly situated individuals.

The primary allegation is that SSA is discriminating against people by not providing reasonable accommodations who have psychiatric disabilities and therefore is depriving them of equal, meaningful access to SSA’s disability programs.

The complainants have psychiatric disabilities that may make it difficult for them to understand and therefore respond to notices from SSA.  Complainant 1 has large overpayment and underpayment issues with SSA that have been unresolved for over 10 years.  He has bipolar disorder and ADHD; he claims SSA is discriminating against him because of these disabilities by not conducting a required formal conference that he requested.  Complainant 2 has major memory and other limitations in communicating with SSA due to complex PTSD, dissociative identity disorder, and major depressive disorder and claims that SSA has not followed any policy or procedure to provide an accommodation.  Complainant 3 has chronic schizophrenia with constant auditory hallucinations.  SSA reduced her benefits; however, it sent her notices without any meaningful explanation based on her disability and continues to refuse to provide an explanation. Complaint 4 has psychosis and a severe anxiety disorder. SSA employees refused to talk to her.

Second, the complaint alleges that SSA does not provide a neutral and detached decision-maker in grievance procedures because their own attorneys serve as the decision-makers.  Thus, complainants have no realistic avenue for relief.

Thirdly, while complainants have a clear right to their claims files maintained by SSA, the complaint alleges that SSA has failed to provide complainants with their own claims files in spite of multiple requests.

SSA claims the complaint was complete on July 15, 2013.  SSA has 180 days to issue a letter of findings, so PWDF expects a decision on January 15, 2014.

In July 2010, SSA agreed to perform a self-evaluation of its program activities to ensure the activities are in compliance with § 504 and its implementing regulations.  This evaluation was to include an assessment of SSA’s reasonable accommodation practices and procedures to ensure effective communication with individuals with psychiatric and developmental disorders.  Although the evaluation was begun in October 2010, to-date SSA has not publicly released results and states it will not set a deadline for its self evaluation.

PWDF and LAS-ELC are seeking additional complainants from the western states, including California, Arizona, Nevada, Oregon, Washington, Idaho, Alaska and Hawaii.

PWDF provides services for people with psychiatric and developmental disabilities through advocacy, education and public awareness.

The LAS-ELC was founded in 1916 and is committed to protecting the rights and economic self-sufficiency of low-income and disadvantaged workers and their families. The LAS-ELC provides free legal services, educational materials, technical assistance to other groups, and direct legal representation addressing racial equality, gender equity, immigration and national origin, and disability rights.

Contact:

People With Disabilities Foundation
507 Polk Street, Ste. 430
San Francisco, CA 94102
Phone: (415) 931-3070
Fax: (415) 931-2828
E-mail: info@pwdf.org